Diaz v. Ellis County Jail
| Elias Diaz |
| Ellis County Jail, Ellis County Jail Wayne McCollum Detention Center, Ennis Police Department, Palmer Police Department, Officer Wiser, Other Unnamed Police Officers and Judge for the 443rd Judicial District Court |
| 3:2023cv00402 |
| February 16, 2023 |
| US District Court for the Northern District of Texas |
| Ada Brown |
| Renee Harris Toliver |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of Document #8, Prisoner Complaint Form Wed Apr 5 07:48:36 CDT 2023 (crt) |
| Filing 9 AMENDED COMPLAINT against Ellis County Jail Wayne McCollum Detention Center, Ennis Police Department, Palmer Police Department filed by Elias Diaz. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (acm) |
Filing 8
SECOND ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Elias Diaz has failed to fully comply with the Court's Notice of Deficiency and Order. Doc. 4. In the interest of justice, the Court will extend the time for doing so. Accordingly, Plaintiff is ORDERED to file a complaint on the court-approved form by April 26, 2023. PLAINTIFF IS AGAIN ADMONISHED THAT FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, a prisoner form complaint (labeled amended and reflecting this case number). Any amended complaint will supersede (take the place of) the previous filing. Consequently, Plaintiff must state all claims and list all defendants in any amended complaint filed. No process will issue unless ordered by the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2023) (chmb)
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Filing 7
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process shall be withheld pending completion of judicial screening, (2) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until the Court enters a scheduling order, (4) no amendments or supplements to the complaint shall be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 4/4/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document #7 Tue Apr 4 12:01:27 CDT 2023 (crt) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Elias Diaz. (acm) |
| Filing 5 Copy Request by Elias Diaz with Deputy Clerk Response. (mlb) |
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Filing 4
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff Elias Diaz must address the following deficiency: The complaint was not filed on the appropriate form. Nor did Plaintiff pay filing and administrative fees of $402.00 or file a request to proceed in forma pauperis along with a certified statement of the balance in his/her inmate trust account. See 28 U.S.C. 1915(a)(2); N.D. Tex. Misc. Ord. 14 (requiring inmates to file civil rights complaints and motions to proceed in forma pauperis on the court-approved forms). Therefore, Plaintiff is ORDERED to (1) file a complaint on the court-approved form, and (2) pay filing and administrative fees of $402.00 or file an application to proceed in forma pauperis on the court-approved form with the required certificate of inmate trust account, by March 27, 2023. See Complaint form at page 2, paragraph 3 for filing fee information under the Prison Litigation Reform Act. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b).The Clerk of the Court is directed to provide to Plaintiff, with service of this Order, two prisoner civil rights complaint forms (labeled amended and reflecting this case number) and a prisoner form motion to proceed in forma pauperis. Any amended complaint will supersede (take the place of) the previous filing. Consequently, Plaintiff must state all claims and list all defendants in any amended complaint filed. No process will issue except upon order of the Court. (Ordered by Magistrate Judge Renee Harris Toliver on 2/24/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Fri Feb 24 12:32:34 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Thu Feb 23 09:17:37 CST 2023 (crt) |
| Filing 3 COMPLAINT against Ellis County Jail filed by Elias Diaz. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (mlb) |
| Filing 2 Notice and Instruction to Pro Se Party. (mlb) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (mlb) Modified file date on 2/23/2023 (mlb). |
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